SB1047sam002 95TH GENERAL ASSEMBLY

Sen. Ira I. Silverstein

Filed: 3/21/2007

09500SB1047sam002 LRB095 05948 WGH 34274 a

AMENDMENT TO SENATE BILL 1047

AMENDMENT NO. ______. Amend Senate Bill 1047 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Commission on Discrimination and Hate Crimes Act.

Section 5. Findings. The General Assembly finds as follows:

(1) The population and demographic makeup of the State of Illinois make the appreciation, tolerance, and acceptance of diverse cultures imperative.

(2) No person or group of people should have to live in fear because of their race, ethnicity, culture, sexual orientation, or religious beliefs.

(3) The manifestation of discrimination in the form of violence has a negative impact not only on the victim, but also his or her community, and can have a lasting adverse effect on our society.

(4) Stereotypical thinking and biases still plague our society.

(5) Illinois has a strong tradition of combating discrimination and hate-based violence by statutorily addressing crimes such as aggravated battery, theft, criminal trespassing, disorderly conduct, and telephone harassment committed because of the victim's race, color, creed, religion, ancestry, gender, sexual orientation, or disability.

(6) We must continue to work to build a society that is bias and hate free so that our children are protected against discrimination, punishment, and violence that are based on race, ethnicity, color, creed, religious belief, sexual orientation, or social status.

Section 10. Establishment of Commission.

(a) The Commission on Discrimination and Hate Crimes is established. The Commission shall consist of a chairperson and 20 additional members appointed by the Governor with the advice and consent of the Senate. The membership may include, but is not limited to, persons who are active in and knowledgeable about the areas of law enforcement, the criminal and civil justice systems, education, human rights, business and industry, arts and culture, social services, and religion. Terms of the members shall be staggered so that 10 of the initial members shall serve until March 1, 2009, 10 of the initial members and the initial chairperson shall serve until March 1, 2011, and thereafter each member shall serve for a term of 4 years. Members shall serve until their successors are appointed and qualified. Any vacancy in the membership of the Council shall be filled by the Governor with the advice and consent of the Senate for the unexpired term. Members shall serve without compensation, but may be reimbursed for expenses.

(b) The Commission shall be provided assistance and necessary staff support services by the agencies of State government involved in the issues to be addressed by it.

Section 15. Purposes of Commission. The purposes of the Commission include, but are not limited to, the following:

(1) To work in partnership with community leaders, educators, religious leaders, social service agencies, elected officials, and the public to identify and uproot sources of discrimination and bias at the source.

(2) To work with local governments, law enforcement officials and prosecutors, educators, and community organizations by assisting with the development of resources, training, and information that allow for a swift and efficient response to hate-motivated crimes and incidents.

(3) To work with educators throughout Illinois on issues concerning discrimination and hate, teaching acceptance, and embracing diversity at academic institutions.

(4) To help ensure that this State's laws addressing discrimination and hate-related violence are widely known and applied correctly to help eradicate and prevent crimes based on discrimination and intolerance.

(5) To make recommendations to the Governor and the General Assembly for statutory and programmatic changes necessary to eliminate discrimination and hate-based violence.

(6) To help implement recommendations by working with State agencies, the General Assembly, the business community, the social service community, and other organizations.

Section 20. Annual report. The Commission shall submit a report to the Governor and the General Assembly by March 30 of each year.

Section 25. Other laws. Nothing in this Act shall be construed to contravene any federal law or any other State law.

Section 30. Effect on Executive Order. This Act supersedes Executive Order No. 8 (2005).

Section 99. Effective date. This Act takes effect upon becoming law.".